Calling for Help in an Overdose
Section 30-31-27.1 — no arrest or charge for possession found because someone called for help
A person who in good faith seeks medical help for someone in an alcohol or drug related overdose, and the person who overdosed, are not arrested, charged, prosecuted or otherwise penalized, and their property is not forfeited, for drug possession or possessing paraphernalia, a restraining order, or the conditions of probation or parole, where the evidence came from seeking that help.
Who handles this in New Mexico: Enlace Comunitario; and legal aid programs and the state offices, listed in the New Mexico directory.
The same holds under the liquor laws for underage possession and the related violations the section names.
Seeking medical help means reporting the overdose or emergency to law enforcement, 911, a poison control center or a health care provider, or helping someone who is reporting it or caring for the person until help arrives. It may be a mitigating factor in a prosecution the immunity does not cover.
Sources for this section (2)
- NMSA 1978, § 30-31-27.1 — Overdose prevention; limited immunity
- NMSA 1978, § 60-7B-14 — Substance-related poisoning prevention; limited immunity
Legal information, not legal advice. Verified as of November 2026. Applying it to a particular situation is the work of a licensed New Mexico attorney.